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MATTER OF RUBINO v. EMPIRE HEATING CORP.

11 A.D.2d 1065 (1960)

In the Matter of Nicholas Rubino, Appellant, v. Empire Heating Corporation, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 24, 1960

Order affirmed, without costs.

The finding that "No proof has been offered that there was any willful destruction" of the sheets is reversed, and the finding is made that there was a willful destruction of the sheets. But since a finding would have been warranted that it was not satisfactorily established that the missing papers were in existence when the inspection was originally granted by the Special Term's order, the...

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